Madras High CourtCRL OP(MD)/7058/2011disposed of

R.Thankamony v. The Inspector Of Police

2017-11-09Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.7058 of 2011 and M.P.(MD)No.1 of 2011 R.Thankamony ... Petitioner/Accused No.3 Vs.

1. State represented by The Inspector of Police, Nithiravilai Police Station, Nithiravilai Post, Kanyakumari District.

... 1st Respondent/Complainant 2.Saveriar Adimai ... 2nd Respondent/Defacto Complainant 3.S.Jesly Bai ... 3rd Respondent/Proposed Respondent (R3 impleaded as per the orders of this Court made in M.P.(MD)No.2/2011 in Crl.O.P.(MD)7058/2011, dated 10.11.2011) PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records from the learned Judicial Magistrate No.II, Kuzhithurai in P.R.C.No. 11 of 2011 and quash the same.

For Petitioner : Mr.Pinaygash for Mr.T.Lajapathi Roy For R1 : Mr.K.Anbarasan Government Advocate (Criminal side) For R2 : Mr.SC.Herold Singh

O R D E R

This Criminal Original Petition has been filed to quash P.R.C.No. 11 of 2011, pending on the file of the Judicial Magistrate No.II, Kuzhithurai District.

https://hcservices.ecourts.gov.in/hcservices/ 2.Though the learned counsel for the petitioner raised several grounds for quashing the charge sheet filed by the 1st

respondent Law Enforcing Agency, he submitted that it would suffice, if a direction is issued to the trial Court to complete the trial within a time limit that may be stipulated by this Court and also to permit the petitioner to raise all the grounds raised in this petition before the trial Court.

3. I have heard the learned Government Advocate (Criminal side) appearing for the first respondent, who has also conceded the request of the learned counsel for the petitioner. 4.In the light of the above said submission of the learned counsel for the petitioner, this Court without going into the merits of the case, directs the learned Judicial Magistrate No.II, Kuzhithurai, to complete the trial in P.R.C.No. 11 of 2011, within a period of six months from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Kuzhithurai.

2. The Chief Judicial Magistrate, Nagercoil at Kanyakumari.

3. The Inspector of Police, Nithiravilai Police Station, Nithiravilai Post, Kanyakumari District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.S.C.HEROLD SINGH, ADVOCATE IN SR No. 86194 IS/KMI TE/MR-KKR/SAR-4 : 22/11/2017 : 2P/6C Crl.O.P.(MD)No.7058 of 2011 and M.P.(MD)No.1 of 2011 09.11.2017 https://hcservices.ecourts.gov.in/hcservices/